294 LIFE OF ARCHBISHOP SHARP. 



upon the Bankers Bill, in January, 1699, &c. 

 But when he was clear in his own opinion of 

 the justice, or equity, or fitness of giving his 

 voice rather one way than another, then no in- 

 terests or endeavours whatsoever could engage 

 him or take him off from voting that way ; because 

 he made it a rule to be governed, in such a case, 

 by his own judgment, independently of all other 

 views or motives. Some instances of the appli- 

 cations which have been unsuccessfully made 

 to him, may perhaps be worth the noticing. 



of the juncture. Sdly. That to commit to prison upon a single 

 oath of treason against a man, is legal. 3dly. That to remand 

 to prison upon affidavit made, that the King's witnesses were 

 not ready, or could not then be procured, though these wit- 

 nesses are not then actually sworn, this also is legal, and so 

 affirmed by all the judges then present, which were ten. 

 4thly. I think it was acknowledged, that the judges covdd not 

 remand a man to prison, if it did appear to them there was 

 but one witness against him. But, 5thly, the judges all said 

 (I am sure my Lord Chief Justice did, for I am not certain 

 they all were examined on that question, but the House of 

 Lords took it for granted that this was their sense), that the 

 judges were not bound to examine whether there were two 

 witnesses or no. All that they were to take care of was, that 

 the affida%nt was made according to the form that the act of 

 Habeas Corpus directs." 



A subsequent memorandum. — "Nevertheless, on the Monday 

 following, it was, to the great grief of my Lord Chief Justice, 

 ordered to be entered on the books, that it is the judges' duty 

 not to remand any m.an to prison, unless it appear upon oath, 

 that there are two witnesses against him.'* 



